The European Court of Human Rights and the Environment
Year: 2020
Type: book-chapter
Abstract: Environmental protection has been a long-standing question before the European Court of Human Rights. The case-law of the ECtHR is vast and extensive. Nevertheless, the protection offered by this regional human rights protection system is limited. It applies to present generations who claim to be victims of present and immediate threats to those human rights guaranteed by the European Convention on Human Rights (ECHR). Also the right to a clean and healthy environment is not protected per se under the ECHR. Some might therefore argue that the ECHR is ill-suited to deal with all the threats to the environment with which modern environmental law is faced today, such as the loss of biodiversity and climate change. Others find the ECHR applies also to those scenarios. Taking a middle ground, this contribution looks at the current status of environmental protection offered under the ECHR regime and outlines possible future developments, taking into account some of the recent developments in other international human rights regimes.
Source: T.M.C. Asser Press eBooks
Author: Birgit Peters
Institution: Universität Trier
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4285161665